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The Conservation of Habitats and Species Regulations 2017, Section 83 is up to date with all changes known to be in force on or before 24 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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83.—(1) Subject to paragraphs (3) and (4), the assessment provisions apply where an order designating an enterprise zone is made, or where a modified enterprise zone scheme is approved.
(2) Where an order designating an enterprise zone is made, or where a modified enterprise zone scheme is approved, that order or scheme is not to be taken to grant planning permission for development which (either alone or in combination with other plans or projects) is likely to have a significant effect on a European offshore marine site or (where the development is not directly connected with or necessary to the management of the site) on a European site, unless made or approved in accordance with the assessment provisions.
(3) Regulation 64 (Considerations of overriding public interest) does not apply to the making of an order designating an enterprise zone or the approval of a modified enterprise zone scheme.
(4) Paragraphs (1) and (2) do not apply to an order designating an enterprise zone made, or a modified enterprise zone scheme approved before 28th December 2018.
(5) Subject to paragraph (6) the review provisions apply to an enterprise zone or modified enterprise zone scheme unless—
(a)the development permitted by that zone or zone scheme was completed before 28th December 2018; or
(b)the development permitted by that zone or zone scheme has been completed before the site became a European site or a European offshore marine site.
(6) The reference to regulation 64 in the review provisions does not apply to an enterprise zone or modified enterprise zone scheme.]
Textual Amendments
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